Section 28March 2, 1989, Sec./Art. 28

There is hereby incorporated in lieu of Article 265 of the same Code, which was repealed by Batas Pambansa Blg. 130, a new provision to read as follows:

"Article 265. Improved offer balloting. - In an effort to settle a strike, the Department of Labor and Management shall conduct a referendum by secret balloting on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer, the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.

"In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement."